Tenants' Rights and Responsibilities
All tenants who live in houses or apartments built before 1978 must be given information before they sign a lease telling them about all known lead hazards in a home or apartment before they move in. Tenants must also be given educational materials about lead. This is required by federal law.
All tenants have the right to live in a safe and clean home. It is illegal to discriminate against people when renting out property.
In this section, you will find information on:
- Right of inspection
- Right of notification of lead hazards before moving in
- Notifying landlords about possible lead in the home
- What to do if a landlord won't address a lead problem
- Right of relocation during lead hazard control
Right of Inspection
Federal Law
Tenants living in federally owned or subsidized housing have a right to live in an environment free of lead hazards. The U.S. Department of Housing and Urban Development's (HUD) Lead-Safe Housing Rule requires the inspection and removal of all lead hazards in housing units regulated under this rule.
Illinois State Law
The Illinois Lead Poisoning Prevention Act states that a home in Illinois, with a child in residence, must be inspected for lead if the child has:
- has a blood lead level of 25 ug/dl, or
- has a blood lead level higher than 15 ug/dl and the next screening is at least 20 ug/dl, or
- has three blood lead levels in a row greater than 20 ug/dl and the physician requests an inspection.
Children under the age of three who meet the above criteria will have priority for home inspections over older children.
If a lead hazard exists, occupants of the dwelling will be given a copy of the mitigation notice. This notice tells the owner that he or she is required to fix the lead hazard, and how long he or she has to complete it.
Chicago local law
Chicago's local law authorizes representatives of the City of Chicago to inspect homes and take samples for lead testing to ensure the safety of children living in the building. The city may apply for a warrant if an owner is unwilling to have the property tested for lead.
Right of Notification of Lead Hazards Before Moving In
Federal Law
The federal government requires that landlords and homeowners tell prospective tenants and buyers about any known lead hazards before they agree to rent or buy the property. This law only applies to houses built before 1978. This law does not require homeowners or landlords to inspect the property, they are only required to provide educational materials and a disclosure form that states that lead hazards may exist and where known, do exist.
State and Local Law
In Chicago, landlords must provide all tenants with a written summary of the Chicago Residential Landlord and Tenant Law. Landlords or their agents must tell their tenants in writing if the unit they live in violated any Chicago housing codes within the past year. This notification must happen before any lease or lease renewal is signed.
Notifying Landlords About Possible Lead in the Home
All tenants should tell their landlords as soon as they see signs of lead hazards. Some of these signs can include any chipping, peeling, or flaking paint.
Federal Law
In those federally owned or assisted housing units that require ongoing lead-based paint maintenance, the tenants must be given a notice asking them to report deteriorated paint or failed encapsulation.
Chicago Local Law
In Chicago, tenants are required to give landlords reasonable access to their dwelling units so that landlords do all that is required of them by law to prevent lead hazards. Tenants have a responsibility to tell their landlord in writing of any problems with their housing.
What to do if a Landlord Won't Address a Lead Problem
Federal law
Tenants who do not feel that their property owner/manager is meeting the requirements of Title X should contact their local housing authority or go to the Legal Resources section for other options.
Chicago local law
In Chicago, all housing complaints should be reported by dialing 311. In addition, there are several organizations in the Chicago area that are devoted to helping tenants get access to affordable and safe housing. For example, the Center for Conflict Resolution provides free Landlord/Tenant mediation through its Resources for Apartment Dispute Resolution. For more information, call 312-922-6464 or go to theLegal Resources section of this website. The Metropolitan Tenants Organization (MTO) works on projects that help tenants exercise their rights. MTO operates a tenants' rights hotline that can be reached by calling 312-292-4988.
Right of relocation during lead hazard control
Federal law
Homes that are federally owned or receive any federal assistance (for example, Section 8 tenant-based rental assistance or public housing) must follow the federal regulations in HUD's Lead-Safe Housing Rule. For a summary of its requirements, please see HUD's Lead-Safe Housing Rule website.
Illinois state law
According to the Illinois Lead Poisoning Prevention Code, "If the mitigation activities … will not result in protection of a child, or are not practical, any child or children shall be removed to a lead-safe dwelling unit until abatement is completed." Children, pregnant women, unprotected workers, nonworkers, and pets are not permitted to enter the worksite. However, if the worksite is small and can be sealed off from the rest of the unit, then the tenants can still stay in the unit overnight. Oftentimes, the landlord will have to pay to have the tenants stay out of the home, and will be required to prorate their rent (not charge the tenant rent) for the time the tenant can not be in the unit.